United States · United States Congress · 2 October 1992
Native American Veterans' Home Loan Equity Act of 1992 - Directs the Secretary of Veterans Affairs to establish and implement a pilot program under which the Secretary may make direct housing loans to aid Native American (Indian, Alaska or Hawaii native, or Pacific Islander) veterans in purchasing, constructing, or improving dwellings on trust land. Requires such loans to be made in a variety of geographic areas and in areas experiencing a variety of economic circumstances. Prohibits any such loans from being made after the end of FY 1997. Authorizes the Secretary to make such a direct housing loan to a Native American if: (1) the Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization having jurisdiction over such veteran; and (2) the memorandum is in effect when the loan is made. Outlines provisions to be included in each such memorandum. Prohibits entering into any such memorandum unless the Secretary determines that it provides standards and procedures necessary for the reasonable protection of the financial interests of the United States. Limits to $80,000 the principal amount of any such loan, but authorizes the Secretary to exceed such amount in a geographic area in which housing costs are significantly higher than average housing costs nationwide. Sets forth provisions concerning loan interest rates and credit underwriting standards. Directs the Secretary to determine the reasonable value of the interest in property that will serve as security for a loan made under this Act and to establish procedures for appraisals upon which to base such determinations. Directs the Secretary to: (1) establish minimum requirements for planning, construction or improvement, and general acceptability relating to any direct loan; and (2) establish credit underwriting standards to be used in evaluating such loans. Requires loans to be repaid in monthly installments. Authorizes the Secretary to: (1) make advances to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction; and (2) take any other actions and make any necessary determinations with respect to expenses, rules and regulations, and the use of persons, organizations, or departments or agencies to carry out his functions. Directs the Secretary to carry out an outreach program to inform tribal organizations and Native American veterans of the pilot program and the availability of direct housing loans for Native American veterans residing on trust lands. Establishes in the Treasury the Native American Veteran Housing Loan Program Account to carry out financial activities relating to the making of loans under this Act. Directs the Secretary, in carrying out the pilot program, to consider the views and recommendations of the Advisory Committee on Native-American Veterans established under the Veteran's Health-Care Amendments of 1986. Directs the Secretary to report annually in 1994 through 1998 to the Senate and House Veterans' Affairs Committees on: (1) the pilot program and recommendations for legislation regarding the program; (2) the exercise of authority to exceed the maximum loan limit; and (3) the real property appraisals performed for the Secretary during such year. Allows new direct loan obligations for Native American veteran housing loans under this Act to be incurred only to the extent that appropriations to cover their anticipated cost are made in advance. Authorizes appropriations for such loans for FY 1993.
United States · United States Congress · 24 September 1992
Save Florida Bay Act of 1992 - Requires the Chairman of the Council on Environmental Quality to establish and coordinate an interagency committee to develop a program for facilitating the restoration of Florida Bay and to define the roles and responsibilities of each agency in facilitating that restoration. Declares that it is the sense of the Congress that the Chairman should include Florida Bay in the Coastal America program. Amends the Federal Water Pollution Control Act to add Florida Bay, Florida, to the list of areas mandated for priority consideration as an estuary of national significance. Mandates a study of Florida Bay problems, including those from Hurricane Andrew. Authorizes appropriations.
United States · United States Congress · 22 September 1992
Federal Credit and Debt Management Act of 1992 - Amends Federal law to require the head of an executive or legislative agency to take all appropriate and cost-effective actions to collect aggressively all claims of the U.S. Government. Expands agency debt-collection authorities. Makes businesses eligible for the Internal Revenue Service tax refund offset program. Prohibits any person from obtaining any Federal financial assistance in the form of a loan (except for a Commodity Credit Corporation price support loan) or loan guarantee if such person has an outstanding debt with an executive agency which is in a delinquent status. Allows the agency head to waive such prohibition. Requires each Federal agency to develop a data base of information on outstanding debt which is in a delinquent status. Allows the sharing of such information among Federal agencies. Requires persons doing business with the Federal Government in any loan program, as grant recipients, insurance or license recipients, or contractors to furnish their taxpayer identifying number. Requires agency disclosure on the use of such number to include the intent to use it for purposes of collecting or reporting on delinquent amounts arising out of the persons' relationship with the Federal Government. Sets forth requirements for the head of each Federal agency guaranteeing or insuring loans with respect to program management. Requires the charge of a late fee, in addition to scheduled principal and interest, on claims that are in delinquent status. Requires the assessment, in addition to the late fee, of any amounts necessary to cover the charges levied by another agency or private collector for collecting delinquent claims through Federal salary offset, tax refund offset, private debt collection contractors, or other such explicit fees or charges. Authorizes agencies to retain one-half of collected fees to be used for specified purposes. Removes restrictions on legal fees charged for contracts for collection services in cases of claims of indebtedness owed to the United States. Revises requirements for agency disclosures of information to credit reporting agencies. Removes certain limitations on contracting out legal services for the collection of indebtedness. Amends the Internal Revenue Code to require the Secretary of the Treasury to determine on an annual or more frequent basis whether any employee of the Federal Government or the District of Columbia neglects or refuses to pay any tax after being notified of a levy. Amends Federal law to provide that administrative offset collections do not apply to contracts subject to the Contract Disputes Act of 1978.
United States · United States Congress · 16 September 1992
Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penalties (including mandatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.
United States · United States Congress · 9 September 1992
Adds specified lands to the Women's Rights National Historical Park in New York. Provides that funds available to the Secretary of the Interior for the purposes of the Park shall be available to establish and administer education, research facilities, and programs on the history of women's rights within the Park pursuant to cooperative agreements with appropriate public or private entities. Extends the Women's Rights National Historical Park Advisory Commission to the year 2000. Increases the limit on the authorization of appropriations for the Park.
United States · United States Congress · 12 August 1992
Establishes the Commission on Information Technology and Paperwork Reduction in order to minimize the information reporting burden imposed by the Federal Government, consistent with the needs of the Government for information for policy purposes. Lists specific Commission functions, which include the study and review of former Commission on Paperwork recommendations for paperwork reduction. Requires a final Commission report to the Congress and the President with a review of both its findings and recommendations for statutory and other changes needed to minimize Federal reporting requirements. Requires action by the Office of Management and Budget with respect to Commission recommendations.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 12 August 1992
Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation and endow and dedicate the Women in the Armed Forces Memorial.
United States · United States Congress · 12 August 1992
Filipino Veterans' Equity Act of 1992 - Amends the Immigration Act of 1990 to extend the naturalization application deadline for certain Filipino veterans of World War II. States that military service records authenticated by the Government of the Philippines shall be accepted to certify qualifying military service. Permits the naturalization examination and oath to be given in the Philippines. Grants special immigrant status for spouses and sons and daughters of such veterans.
United States · United States Congress · 11 August 1992
Commends all parties to the Middle East peace process. Expresses hope that the parties to the negotiations will advance proposals which provide for democratic elections as a foundation for common agreement on interim self-government, diplomatic recognition, territorial integrity, and a final status for the territories, and economic cooperation among all parties in the region.
United States · United States Congress · 5 August 1992
Native American Veterans' Home Loan Equity Act of 1992 - Directs the Secretary of Veterans Affairs to establish and implement a pilot program under which the Secretary may make direct housing loans to aid Native American (Indian, Alaska or Hawaii native, or Pacific Islander) veterans in purchasing, constructing, or improving dwellings on trust land. Requires such loans to be made in a variety of geographic areas and in areas experiencing a variety of economic circumstances. Prohibits any such loans from being made after the end of FY 1997. Authorizes the Secretary to make such a direct housing loan to a Native American if: (1) the Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization having jurisdiction over such veteran; and (2) the memorandum is in effect when the loan is made. Outlines provisions to be included in each such memorandum. Prohibits entering into any such memorandum unless the Secretary determines that it provides standards and procedures necessary for the reasonable protection of the financial interests of the United States. Limits to $80,000 the principal amount of any such loan. Sets forth provisions governing loan interest rates. Directs the Secretary to: (1) establish minimum requirements for planning, construction or improvement, and general acceptability relating to any direct loan; and (2) establish credit underwriting standards to be used in evaluating such loans. Requires loans to be repaid in monthly installments. Authorizes the Secretary to: (1) make advances to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction; and (2) take any other actions and make any necessary determinations with respect to expenses, rules and regulations, and the use of persons, organizations, or departments or agencies to carry out his functions. Establishes in the Treasury a revolving fund to be known as the Native American Veterans Housing Loan Fund to carry out financial activities relating to the making of loans under this Act. Directs the Secretary, in carrying out the pilot program, to consider the views and recommendations of the Advisory Committee on Native-American Veterans established under the Veterans' Health-Care Amendments of 1986. Directs the Secretary to report annually in 1994 through 1998 to the Senate and House Veterans' Affairs Committees on the pilot program and recommendations for legislation regarding the program. Authorizes appropriations.
United States · United States Congress · 5 August 1992
Vaccine Access and Registry Act - Title I: Universal Vaccine Grant Program - Authorizes the Secretary of Health and Human Services to make grants to States for the establishment and operation of programs to purchase vaccines from manufacturers at the federally negotiated bulk rate and distribute them free of charge to health care providers for the immunization of children. Sets forth application requirements for such program. Allocates funding based on the five-year birth average of a State. Requires the Secretary to annually review the compliance of a State and to establish sanctions for noncompliance. Authorizes two-year renewals of such grants. Requires the Secretary to include a description of activities under this title in annual status reports to the President and the Congress. Authorizes appropriations for FY 1993 through 1995. Title II: Amendment to Public Health Service Act Concerning Federally Negotiated Bulk Rate - Amends the Public Health Service Act to prohibit the Secretary from procuring a vaccine that may be used to immunize children under the age of 13 from any person who does not agree as a condition to the procurement to sell the vaccine to a State at the same price as the person offers the Secretary. Title III: Immunization Registry Grant Program - Authorizes the Secretary to make grants to States for the establishment and operation of State immunization registries by State agencies with legal responsibility for disease control under State law. Allows the Secretary to make such grants to two or more cooperating States for regional immunization registries. Requires the Secretary to annually review the compliance of a State and to establish sanctions for noncompliance. Requires the Secretary to include a description of activities under this title in annual status reports to the President and the Congress. Authorizes appropriations for FY 1993 through 1995.
United States · United States Congress · 5 August 1992
Expresses the sense of the Congress that effective follow-up to achieve the goals of the agreements reached at the United Nations Conference on Environment and Development (UNCED) will depend on the following actions by the President and the U.S. Government: (1) adoption of a national strategy for environmentally sustainable development, based on an extensive process of nationwide consultations with all interested organizations and individuals; (2) the Government encouraging and facilitating means for adopting individual Agenda 21 plans of action, including the establishment of local, county, State, business, and other boards and commissions for achieving sustainable development; (3) the President establishing an effective mechanism to plan, initiate, and coordinate U.S. policy for implementing Agenda 21; and (4) policies being formulated for foreign policy and assistance to help developing countries, and for domestic actions to assure appropriate action to implement Agenda 21. Supports: (1) pursuing the research and policy initiatives urged in Agenda 21, including research on sustainable consumption and production patterns, creation of a policy framework for sustainable consumption patterns, identification of a strategy to eliminate or reduce subsidies for unsustainable natural resource exploitation, and improving pricing policies; (2) the Congress adopting a plan to reallocate an appropriate amount of savings from reduced defense spending to achieve its goals of global environmental protection and sustainable development over the next decade; and (3) the effective establishment of a high-level United Nations (UN) Commission on Sustainable Development. Urges the United States to call for periodic international meetings to continue the process toward developing and advancing international agreement to facilitate sustainable economic development. Calls on the President to: (1) urge and actively participate in multilateral efforts aimed at creating a more favorable international economic climate for developing countries to practice sustainable development; (2) affirm strong U.S. commitment to the Commission by appointing a high-level representative to the Commission and by encouraging the UN Secretary General to appoint an Under Secretary General for Sustainable Development; (3) submit and encourage all UN members to submit a national report to the Commission on activities the United States has undertaken to implement Agenda 21 both domestically and internationally, on progress made toward fulfilling other commitments undertaken at UNCED, and on other relevant environmental and developmental issues; and (4) submit an annual report to the Congress on the steps taken by the United States to implement Agenda 21 and the recommendations made by this Act and make information regarding such steps available to Members of the Congress upon request.
United States · United States Congress · 4 August 1992
Commends: (1) the many heroic individuals who acted at great risk to save Jews from death during the Holocaust; and (2) the Jewish Foundation for Christian Rescuers for its work in recognizing, honoring, and encouraging the people of the world to show the altruism and moral courage of such heroic individuals.
United States · United States Congress · 31 July 1992
Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.
United States · United States Congress · 30 July 1992
Expresses the sense of the House of Representatives that the President, by and with the advice and consent of the Senate, should posthumously advance Rear Admiral Husband E. Kimmel, U.S. Navy, to the grade of admiral on the retired list.
United States · United States Congress · 23 July 1992
Marine Mammal Capture, Export, and Public Display Protection Act of 1992 - Amends the Animal Welfare Act (AWA) to require, instead of the penalty applicable under the AWA for a violation regarding a marine mammal, that a person be liable for a civil or criminal penalty under specified provisions of the Marine Mammal Protection Act of 1972 (MMPA). Mandates review and, if appropriate, modifications to AWA standards regarding the care and habitat of marine mammals in captivity. Amends the MMPA to direct the Secretaries of Commerce and Agriculture to jointly establish a system for tracking marine mammals that are taken in waters under U.S. jurisdiction or imported into the United States. Makes it unlawful, notwithstanding any other provision of law or permit under the MMPA, to take any marine mammal before establishment of the system. Makes it unlawful to export a marine mammal from the United States without a permit under this Act. Requires that regulations be issued under the MMPA for exporting as well as for taking and importing marine mammals. Authorizes issuance of export permits under the same requirements as taking and importing permits. Allows issuance of an export permit only: (1) to maintain or improve the health and well-being of the mammal; and (2) if the permit prohibits use of the mammal for any other purpose. Limits the effective period of permits for scientific research to a specified number of years. Regulates the release of such research mammals. Requires the permanent marking of any such mammal.
United States · United States Congress · 23 July 1992
Downed Animal Protection Act of 1992 - Amends the Packers and Stockyards Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to market, transfer, or hold nonambulatory livestock that has not been humanely euthanized.
United States · United States Congress · 9 July 1992
Mandate and Community Assistance Reform Act - Title I: Termination or Suspension of Unfunded Federal Mandates; Consolidation and Simplification of Planning and Reporting Requirements - Requires termination or suspension of an unfunded Federal mandate, or the consolidation or simplification of an associated planning or reporting requirement, upon a recommendation to the Congress to that effect by the Commission on Unfunded Federal Mandates (established by this Act). Provides that all such recommendations shall take effect automatically unless the Congress enacts a joint resolution disapproving such recommendations within 60 days of their submittal. Sets forth guidelines for congressional consideration of the Commission's recommendations. Title II: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal mandates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of a certain number of unfunded Federal mandates, or the consolidation or simplification of associated planning or reporting requirements. Requires the Commission to recommend to the Congress also: (1) a process by which State and local governments can participate in meeting national domestic objectives without the burden created by unfunded Federal mandates; and (2) those programs currently funded, operated, or administered by the Federal Government which the Commission determines would be operated or administered more effectively and efficiently by States and localities, without increases in State or local government obligations or outlays. Provides for termination of the Commission. Authorizes appropriations. Title III: Integrated Federal Assistance - Community Assistance Improvement Act of 1992 - Enables local governments to integrate federally funded programs under community-based assistance plans tailored for their distinct needs and constituencies and structured to address problems affecting low-income citizens that cross existing Federal assistance categories. Provides for payments to local governments of amounts available under a covered Federal assistance program for use in accordance with an integrated assistance plan approved by the Interagency Review Council (establish by this Act). Provides that eligibility for benefits under a covered Federal assistance program under an approved integrated assistance plan shall be only in accordance with the plan. Details the process for applying for approval of an integrated assistance plan. Specifies application and plan contents. Provides for implementation of approved integration assistance plans. Requires a local government applying for approval of an integrated assistance plan to establish a Community Advisory Committee. Requires the Committee to advise a local government in the development and implementation of its integrated assistance plan. Authorizes the Interagency Review Council to provide for technical assistance to a local government in developing information necessary for the design or implementation of an integrated assistance plan for which approval is sought under this Act. Sets forth guidelines for local governments to request such assistance. Establishes the Interagency Review Council for the purposes described above. Title IV: Estimation of Legislative Impact on State and Local Governments - Amends the Congressional Budget Act of 1974 to: (1) strike language stating that cost estimates are required only if submitted in a timely manner; (2) require that a cost estimate accompany the conference report of legislation; and (3) require budget reconciliation instructions to direct any committee receiving such instructions to include in any reconciliation legislation carrying them out a Congressional Budget Office estimate of the total cost of their provision. Title V: Regulatory Flexibility Analysis - Amends the Regulatory Flexibility Act to modify provisions respecting judicial review of agency rules.
United States · United States Congress · 9 July 1992
Regulatory Improvement and Accountability Act of 1992 - Amends the Paperwork Reduction Act of 1980 to add as purposes of such Act: (1) reducing regulatory burdens to promote national economic growth, productivity, competitiveness, and general welfare; (2) increasing agency regulatory accountability; (3) providing for presidential oversight of the regulatory process; (4) minimizing duplication and conflict of regulations; and (5) ensuring well-reasoned regulations. Revises the definition of "burden" to include the time, effort, or financial resources expended to comply with a regulation. Defines "major rule" as any regulation that is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. Defines "regulation" and "rule" as an agency statement of general applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the procedure or practice requirements of an agency, excluding: (1) certain administrative actions; (2) regulations issued with respect to a military or foreign affairs function of the United States; or (3) regulations related to agency organization, management, or personnel. Requires the Administrator of the Office of Information and Regulatory Affairs (OIRA) to serve as principal adviser to the Director of the Office of Management and Budget (OMB) on regulatory oversight. Provides that under the direction of the President, the OMB Director shall develop and implement Federal information policies, principles, standards, and guidelines and shall provide direction and oversee the review and approval of information collection requests and regulations and the reduction of the paperwork and regulatory burden. Specifies that the general regulatory oversight policy functions of the OMB Director shall include: (1) developing and implementing uniform and consistent regulatory policies and overseeing the development of regulatory principles, standards, and guidelines, and promoting their use; (2) initiating and reviewing proposals for changes in legislation, regulations, and agency proceedings to improve regulatory practices and informing the President and the Congress thereon; (3) coordinating agency regulatory practices; (4) evaluating such practices to determine their adequacy and efficiency, their impact on national economic competitiveness, and their compliance with the policies, principles, standards, and guidelines promulgated by the Director; (5) overseeing planning for, and research with respect to, Federal regulatory practices; and (6) reviewing any Regulatory Impact Analysis, notice of proposed rulemaking, or final rule based on the requirements of the Paperwork Reduction Act of 1980. Specifies that the regulatory clearance and control functions of the Director shall include: (1) designating major rules; (2) promulgating uniform standards for the identification of major rules and the development of Regulatory Impact Analyses; (3) requiring an agency to obtain and evaluate, in connection with a regulation, any additional relevant data from any appropriate source; (4) waiving the requirements of the Paperwork Reduction Act of 1980 with respect to any major rule; (5) identifying duplicative, overlapping, and conflicting rules and rules that are inconsistent with the policies underlying statutes governing agencies other than the issuing agency or with the purposes of the Paperwork Reduction Act of 1980; (6) requiring appropriate inter-agency consultation to minimize or eliminate such duplication, overlap, or conflict; (7) developing procedures for estimating the annual benefits and costs of agency regulations for purposes of compiling a regulatory budget and assessing the impact of such regulations on national economic competitiveness; (8) preparing for the President's recommendations for changes in agency statutes; (9) designating rules for review and establishing schedules for reviews and analyses under such Act; (10) establishing a regulatory planning process by which the President will develop and publish a regulatory program for each year; (11) considering the consistency of agency draft regulatory programs with the President's policies and priorities and the draft regulatory programs submitted by other agencies and identifying such regulatory or deregulatory actions as may be necessary to achieve such consistency; and (12) monitoring and advising the President with respect to agency compliance with the requirements of such Act. Makes each agency responsible for carrying out its regulatory review activities in an efficient, effective, and economical manner and for complying with the regulatory oversight standards prescribed by the OMB Director. Requires agencies, in promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation: (1) not to undertake regulatory action unless the potential benefits outweigh the potential costs to society; (2) to choose regulatory objectives that maximize net benefits to society and avoid adverse effects on economic competitiveness; (3) to choose the regulatory alternative involving the least net cost to society; and (4) to set regulatory priorities to maximize the aggregate net benefits to society. Requires each agency, in connection with every major rule, to prepare and consider a Regulatory Impact Analysis. Requires each agency to initially determine whether a rule it intends to propose or to issue is a major rule. Authorizes the Director to prescribe criteria for making such determinations, to order a rule to be treated as a major rule, and to require any set of related rules to be considered together as a major rule. Prescribes procedures applicable to agency preparation and publication of Regulatory Impact Analyses of major rules. Requires such Analyses to be transmitted to the OMB Director. Specifies the information each preliminary and final Regulatory Impact Analysis must contain in order to permit each draft major rule to be analyzed. Requires agencies to make their preliminary and final Regulatory Impact Analyses available to the public. Requires agencies to initiate reviews of currently effective rules in accordance with the purposes of the Paperwork Reduction Act of 1980 and to perform Regulatory Impact Analyses of currently effective major rules. Provides that before approving any final major rule, each agency shall make a determination that: (1) the regulation is clearly within the authority delegated by law and consistent with congressional intent; and (2) the factual conclusions upon which the rule is based have a substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular. Requires each agency to publish, in October and April of each year, an agenda of proposed regulations that the agency has issued or expects to issue and currently effective rules that are under agency review pursuant to the Paperwork Reduction Act of 1980. Specifies the cases in which the above prescribed procedures shall not be applicable. Requires the Director to determine whether regulations or the practice and procedure requirements of an agency relative to the administration of the Export Administration Act are exempted from review under this Act. Prohibits an agency from implementing or sponsoring the implementation of a regulation unless: (1) the agency has taken actions to adhere to specified requirements and comply with the above prescribed procedures applicable to agency preparation of Regulatory Impact Analyses and the regulatory clearance and control functions of the OMB Director; (2) the agency has submitted to the Director the draft regulation, copies of pertinent statutes and other related materials as the Director may specify, and an explanation of actions taken to carry out the regulatory analysis, clearance, and control procedures, and has prepared a notice stating that the agency has made such submission; and (3) the OMB Director has approved the draft regulation, or the period provided for review of regulations by the Director has elapsed. Makes certain provisions with respect to public information collection activities concerning information collection requests applicable to draft regulations. Revises public protection provisions to prohibit a person from being subject to any penalty for failing to comply with a regulation adopted or revised by an agency after December 31, 1993, that is not in compliance with specified requirements of such Act or that fails to disclose exemption from such Act. Provides that in reviewing draft regulations, the OMB Director shall provide interested agencies and persons early and meaningful opportunity to comment. Authorizes appropriations through FY 1997 for OIRA to carry out the Paperwork Reduction Act of 1980. Strikes language under appropriations provisions stating that the review of a rule or regulation is specifically authorized or required by the Paperwork Reduction Act of 1980 only to the extent that such review is for the sole purpose of reviewing an information collection request contained in, or derived from, such rule or regulation.
United States · United States Congress · 9 July 1992
Family Renewal and Support Act of 1992 - Title I: Increase in Personal Exemption for Certain Dependent Children - Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50). Title II: Retirement Savings Incentives - Subtitle A: Restoration IRA Deduction - Subtitle A: Restoration of IRA Deduction - Removes the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Subtitle B: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five-year period. Subtitle C: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Title III: Credit for First-Time Homebuyers - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period. Title IV: Deduction for Interest on Certain Educational Loans - Allows an income tax deduction for interest on certain indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or taxpayer's child. (Under current law, such a loan must be secured by an interest in real property.) Reduces such expenses by the amount excludable from gross income for savings bonds used to pay higher education tuition and fees. Reduces the amount treated as home equity indebtedness by the amount treated as educational indebtedness. Provides that investment interest does not include educational loan interest. Sets forth reporting requirements for returns relating to educational interest.
United States · United States Congress · 9 July 1992
Veterans' Health Care Financing Reform Demonstration Act of 1992 - Directs the Secretary of Veterans Affairs to conduct a demonstration program to test the feasibility and desirability of requiring that, whenever the Department of Veteran Affairs provides hospital care or medical services for a non-service-connected disability to an individual who is also entitled to such care or services from another Federal department or agency, such department or agency shall reimburse the Department for the provision of such care or services. Requires the demonstration project to be conducted at three Department medical centers selected by the Secretary. Outlines health care programs of the Department of Defense, Department of Health and Human Services, and Department of the Interior's Bureau of Indian Affairs as covered programs under which such reimbursement shall take place. Allows the Department to recover the cost of care or services provided to an individual for a non-service-connected disability, reduced by any appropriate unpaid deductible, to the extent that the individual would be eligible to receive such care or services from another department or agency. Directs the Secretary to establish a central electronic billing system for such amounts. Subrogates the Secretary to any right or claim that the veteran may have against another department or agency. Directs the Secretary to prescribe regulations to determine the amount to be recovered for such care or services, taking into account the geographic area involved. Directs the Secretary to establish mechanisms to evaluate the impact and cost-effectiveness of the demonstration project and the satisfaction of the patients served. Requires the Secretary to report to the Congress after one year of the project, describing the findings of the evaluation.
United States · United States Congress · 7 July 1992
Medicaid Management Improvement Act of 1992 - Establishes a State Medicaid Advisory Panel to review proposed regulations affecting the Medicaid program under title XIX of the Social Security Act and make recommendations to the Secretary of Health and Human Services for changes in such regulations appropriate to take into account the concerns of State and local governments in the operation and financing of the Medicaid program. Requires the Panel to review, and make recommendations to the Secretary about, State requests for waivers of requirements applicable to State plans approved under the Medicaid program. Gives States the option of delaying implementation of new program requirements until the Secretary promulgates final regulations. Expresses the sense of the Congress that if a State is required by future legislation to provide for additional services, eligible individuals, or otherwise incur additional costs under its Medicaid program, the Federal Government shall provide for full payment of any such additional costs for at least the first two years in which such requirement applies. Sets a deadline for actions on waiver applications. Changes the formula that determines the States' Medicaid matching ratio from the current system based on per capita personal income to a system based on the States' fiscal capacity. Revises State Medicaid plan provisions to enforce the use of: (1) parental health insurance coverage of children by absent parents; and (2) garnishment of the income of individuals who have been ordered to cover the medical costs of a Medicaid-eligible individual and have received payment for such costs from a third party but have not used them to make appropriate reimbursements.
United States · United States Congress · 2 July 1992
Fiscal Accountability and Impact Reform Act (FAIR Act) - States that one purpose of this Act is to assist the Congress in consideration of proposed legislation establishing or revising Federal programs to assure that, to the maximum extent practicable, legislation enacted will: (1) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (2) minimize inefficient allocation of economic resources; and (3) reduce the adverse effect of such legislation on the ability of State and local governments to use local public resources to meet local needs, and on allocation of economic resources, full employment, and international competitiveness. States that a second purpose of this Act is to require Federal agencies to exercise discretionary authority and implement statutory requirements in a manner which, consistent with agency mission and Federal law, minimizes the impact of regulations and other major Federal actions affecting the economy on: (1) the ability of State and local governments to use local public resources to meet local needs; and (2) the allocation of economic resources, full employment, and international competitiveness of American goods and services. Title I: Legislative Reform - Provides that whenever a committee of either House reports a bill to its House which mandates unfunded requirements upon State and local governments or the private sector, the report accompanying that bill shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Agency Impact Analysis - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the purposes of this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Economic Impact Assessment. Specifies the contents of such an assessment. Provides for judicial review of final agency actions for compliance with this title.
United States · United States Congress · 2 July 1992
Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.
United States · United States Congress · 1 July 1992
Birth Defects Prevention Act of 1992 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to award grants to, enter into cooperative agreements with, or provide direct technical assistance in lieu of cash to, States, State health authorities, or health agencies of political subdivisions of a State for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects, to include information regarding gender and different racial and ethnic groups, including Hispanics, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. Authorizes the Secretary, acting through the Director of the CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data and generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to award grants to or enter into cooperative agreements with State departments of health, universities, or other private, or nonprofit entities to develop, evaluate, and implement prevention strategies designed to reduce the incidence and effects or (sic) birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention to provide advice and recommendations on prevention and amelioration of birth defects to the Secretary and the Director of the CDC. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding the incidence of birth defects, the contribution of birth defects to infant mortality, the outcome of implementation of prevention strategies, and identified needs for research and policy development to include information regarding the various racial and ethnic groups, including Hispanic, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. Authorizes appropriations.
United States · United States Congress · 30 June 1992
Declares that the Congress: (1) recognizes the accomplishments of the National Eye Institute; (2) commends the Institute on its 25th anniversary; and (3) supports taxpayer education concerning the returns yielded by their investments in vision research.
United States · United States Congress · 24 June 1992
Fish and Wildlife Law Enforcement Clarification Act of 1992 - Authorizes law enforcement officers of the U.S. Fish and Wildlife Service to: (1) carry firearms; (2) execute and serve any order, warrant, subpoena, summons, or other process issued by a court or officer of competent jurisdiction for the enforcement of any Federal law; (3) make an arrest without a warrant for any offense under Federal or State law committed within the officer's presence, or for any felony cognizable under Federal law if the officer has reasonable grounds to believe that the person arrested has committed or is committing such felony; (4) cooperate with any State or political subdivision thereof (State) in the enforcement of the laws of the State; and (5) perform any other law enforcement duty specified by the Secretary of the Interior. Permits such officers, for purposes of law enforcement within any area that is part of the National Wildlife Refuge System or any other area owned or controlled by the Service, to: (1) perform acts to maintain law and order and protect persons and property; and (2) conduct an investigation of any offense under Federal law committed within such area in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency. Authorizes the Secretary to: (1) designate any law enforcement officer of any Federal agency or State to act as a special police officer in areas of the System and to exercise authority established by this Act, subject to specified conditions; (2) cooperate with any State in the enforcement, within the System, of the laws or ordinances of the State; and (3) provide reimbursement to a State for expenditures incurred in connection with activities of the State pursuant to such designation. Sets forth provisions regarding the treatment of special police officers under this Act (in general, not as Federal employees or subject to Federal employment laws) and with respect to tort claims, workers' compensation, and specified provisions of the Federal criminal code.
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 23 June 1992
Open Space Preservation Act of 1992 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement (other than development rights retained by the donor of such easement). Defers the reduction in certain estate tax rates after 1993 and before 1998.
United States · United States Congress · 23 June 1992
Medical and Health Insurance Information Reform Act of 1992 - Adds a new title XXII, Medical And Health Insurance Information Reform, to the Social Security Act (SSA). Requires the Secretary of Health and Human Services, in order to assure the availability of comparative value information to health care purchasers, to determine whether each State is developing and implementing a health care value information program. Enumerates the criteria for State programs. Provides that if the Secretary finds that a State has not developed or implemented a health care value information program that comports with such criteria, the Secretary must take necessary actions to implement a comparable program in the State. Allows fees to be charged for the informational materials provided pursuant to such program. Directs the head of any Federal agency with responsibility for the provision of health insurance or health care services to develop and make comparative value information available to States, health care providers, and consumers. Directs the Secretary to promulgate requirements for health insurers to furnish periodically to the Secretary, on a sample basis, health care data relevant to health care services research. Requires the Secretary to make available, under the Freedom of Information Act, all Medicare (SSA title XVIII) claims records, without regard to the consent of the physician or other individual who furnished the item or service in question. Maintains in force Privacy Act protections against the release of information that identifies Medicare beneficiaries. Applies this new requirement for release of records only to information received after the enactment of this Act. Directs the Secretary, directly or through grant or contract, to develop model systems: (1) for gathering health care cost, quality, and outcomes data; and (2) for analyzing such data in a manner that would allow valid comparisons among providers and among health plans. Requires the Secretary to support and evaluate experiments with different approaches to achieve the most cost-effective method. Provides that, when appropriate, the Secretary may establish standards for data gathering in order to facilitate analysis and comparisons across the nation. Authorizes appropriations. Authorizes the Secretary to make grants to States to enable them to plan and initiate implementation of their health care information programs. Authorizes appropriations. Nullifies any State law which requires medical or health insurance records (including billing information) to be kept in written, rather than electronic, form. Directs the Secretary, after taking into consideration the Insurance Information and Privacy Protection Model Act of the National Association of Insurance Commissioners (NAIC), to promulgate requirements concerning health insurance information privacy and confidentiality. Includes among such requirements that information identifying individuals shall not be redisclosed (with such limited exceptions as the Secretary may provide) except to the extent necessary to carry out the purpose for which the information was collected. Requires the Secretary to take into consideration specified principles concerning information that identifies individuals when promulgating such requirements. Directs the Secretary to determine whether problems relating to standards for the electronic receipt and transmission of health insurance information cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate standards for the electronic receipt and transmission of claims, payment, eligibility, and enrollment information (including privacy and confidentiality protection requirements). Directs the Secretary to determine whether problems relating to the receipt and transmission of health insurance eligibility verification cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate requirements for the receipt and transmission of health insurance eligibility verification. Directs the Secretary to determine whether the proportion of health insurance claims and payment information received and transmitted by paper will continue to cause significant administrative costs. Directs the Secretary, if such costs are generated, to require a specified proportion of (or all of) such information to be received and transmitted electronically (with such exceptions as the Secretary might specify). Directs the Secretary to promulgate requirements for the format and content of basic claim forms under health insurance plans. Directs the Secretary to determine whether the variety of information requested by health insurers (in addition to information requested in basic claims forms) causes administrative costs disproportionate to the benefits derived. Requires the Secretary, if such costs are generated, to publish recommendations concerning what additional information should be allowed to be requested and in what format. Directs the Secretary, after consulting with the NAIC, to promulgate rules for determining the relative liability of insurers and the priority of payment when several health insurance policies cover the same individual. Directs the Secretary to determine whether problems relating to the transfer of information among health insurers that cover the same individual cause significant mistaken payments or administrative costs. Requires the Secretary, if such payments or costs are generated, to promulgate requirements concerning the transfer among insurers (and annual updating) of information (which may include requirements for the use of unique identifiers, and for the listing of all individuals covered under a health insurance plan). Directs the Secretary to determine, for each State, whether there were in effect State requirements substantially the same as those enumerated below and whether the State effectively enforced them. Applies the requirements enumerated below to administrators of self-insured employee plans. Provides for Federal backup authority to be effective in a State (with respect to a section) only if the Secretary makes a negative finding with respect to certain requirements or if the State does not provide sufficient information to enable the Secretary to make the determination. Requires health insurers (in States that do not have an equivalent program) to: (1) meet the Federal requirements concerning the protection of privacy and confidentiality; (2) use social security numbers for their beneficiaries and Medicare unique identifiers for each provider that furnishes items and services; (3) meet the standards and requirements (if any) concerning the receipt and transmission of health insurance information; (4) meet the requirements concerning the form and content of health insurance claim forms; (5) follow the rules determining the priority of payment when several health insurance policies cover the same individual; and (6) meet the requirements (if any) concerning the furnishing of information among insurers. Requires the Secretary, after consulting with the American National Standards Institute (ANSI) and others, to promulgate requirements for hospitals concerning electronic medical data. Specifies the data sets to be included in such requirements. Permits the Secretary, after consulting with ANSI and others, to promulgate requirements for health care entities other than hospitals concerning electronic medical data. Requires hospitals that participate in the Medicare program to maintain an electronic patient care information system that meets certain data set requirements promulgated by the Secretary for hospitals, and to transmit data electronically to the Secretary, peer review organizations, carriers, and intermediaries, from the appropriate data sets. Permits waivers of such requirements for hospitals in the process of developing an electronic patient care information system, for small rural hospitals, and for certain hospitals that agree to subject their data transfer processes to specified quality assurance procedures. Permits Federal agencies to require electronic transmission of data elements utilized for certain agency health care or research programs. Amends the Internal Revenue Code to subject insurers to an excise tax for any failure to comply with requirements under SSA new title XXII respecting health insurance. Specifies the amount of such tax for administrators of self-insured employee welfare benefit plans and other insurers. Provides that the excise tax generally shall not apply if the violation could not have been discovered through the exercise of reasonable diligence, or if the violation was corrected within 30 days after it had been discovered. Gives the Secretary authority to waive the tax if the violations were due to reasonable cause and not willful neglect, to the extent payment of the tax would be excessive relative to the failure involved. Authorizes the Secretary to make grants to: (1) community organizations or coalitions of health care providers, insurers, and purchasers to establish, and document the efficacy of, communication links between the information systems of health insurers and of health care providers; and (2) public and private non-profit entities for the development of regional- and community- based clinical information systems, and for the development and testing of certain ambulatory care data sets. Authorizes appropriations.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 18 June 1992
Urges the President to take prompt diplomatic action to ensure that joint efforts by the United States and Mexico to combat illegal drug trafficking continue at the high level of cooperation that exists currently.
United States · United States Congress · 17 June 1992
International Dolphin Conservation Act of 1992 - Amends the Marine Mammal Protection Act of 1972 to authorize entering into international agreements establishing a global moratorium, for at least five years, prohibiting harvesting tuna using purse seine nets deployed on or to encircle dolphins or other marine mammals. Allows moratorium termination with respect to the United States before the year 2000 only if the Secretary of Commerce so recommends and the Congress approves. Specifies elements to be contained in such agreements, including requirements for: (1) research regarding tuna fishing methods; (2) review of research proposals by a competent regional organization; (3) the conduct of research by dedicated vessels, approved and observed by a component regional organization; (4) specified limits on the number of research sets and the total annual dolphin mortality; (5) establishment by the Inter-American Tropical Tuna Commission of a panel to report on limit compliance and an Advisory Board to guide research; (6) fair funding mechanisms for the research; (7) use of the proceeds from harvested tuna for the research; and (8) limiting use of U.S. funds to research on fishing methods not involving setting nets on dolphins. Requires review of all research proposals by the Marine Mammal Commission. Requires the Secretary, in certain circumstances, to recommend to the Congress whether the moratorium should be terminated. Prohibits a ban on the importation of yellowfin tuna or yellowfin tuna products from a country which implements the moratorium and meets other requirements. Mandates such a ban regarding countries which do not implement the moratorium and the other requirements. Mandates, a specified period after the tuna ban, a ban on the importation of all fish and fish products, except shrimp and shrimp products, from a country that still fails to implement all the requirements. Imposes additional restrictions on the general permit issued to the American Tunaboat Association, including: (1) limiting total dolphin mortalities; (2) prohibiting deploying purse seine nets on or encircling dolphin schools including certain types of dolphin; and (3) terminating the permit on a specified date. Declares that an international agreement under this Act shall not supersede any provisions of the Act requiring a permit. Makes unlawful certain acts, including: (1) selling, purchasing, or transporting in the United States any tuna or tuna product that is not dolphin safe; (2) purposefully setting a purse seine net on or to encircle any marine mammal; or (3) prohibiting, resisting, or interfering with inspections. Imposes civil and criminal penalties and subjects vessels, cargo, and fish to forfeiture for violations. Defines dolphin safe to mean: (1) not harvested using driftnets; and (2) depending on where harvested, either dolphin safe under specified provisions of the Dolphin Protection Consumer Information Act or certified as not harvested using purse seine nets set on or encircling dolphins. Authorizes appropriations to carry out provisions mandating inclusion in the agreements of research programs. Amends the Tuna Conventions Act of 1950 to require that, of the U.S. representatives on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission, at least one be chosen from a national conservation, environmental, or animal welfare nongovernmental organization. Requires that the members of a related advisory committee be selected, in addition to other sources, from such an organization. Amends the South Pacific Tuna Act of 1988 to authorize appropriations to carry out a specified Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America and to carry out the Act.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
![Official portrait of Rep. Horton, Frank J. [R-NY-34]](https://www.congress.gov/img/member/h000797_200.jpg)